It's ok to diss the boss on Facebook — US agency

In a groundbreaking move, the National Labor Relations Board (NLRB) of the US government has stepped in to uphold an employee's right to criticize her employers on Facebook. According to the New York Times, an employee at privately-owned ambulance service American Medical Response of Connecticut, Inc. (AMR) was fired over negative remarks she had made against her employers via Facebook. Dawnmarie Souza, an emergency medical technician at AMR, had allegedly referred to her employers in derogatory terms. She was quoted as having sarcastically said that she loves "how the company allows (a psychiatric patient) to become a supervisor." Souza was terminated partly on the grounds that her remarks had directly violated the company's social media policies. The AMR Employee Handbook states that "Employees are prohibited from posting pictures of themselves in any media, including but not limited to the Internet, which depicts the Company in any way" and "Employees are prohibited from making disparaging, discriminatory or defamatory comments when discussing the Company or the employee's superiors, co-workers and/or competitors." However, the NLRB filed a complaint last week against AMR, alleging that the latter "maintained and enforced an overly broad blogging and internet posting policy." "(The AMR's) blogging and internet posting policy contained unlawful provisions (which) constitute interference with employees in the exercise of their right to engage in protected concerted activity," the agency explained. Jonathan Kreisberg, the director of NLRB's Hartford, Connecticut, office, affirmed his agency's view that Souza's remarks are protected under US labor laws. "You’re allowed to talk about your supervisor with your co-workers. You’re allowed to communicate the concerns and criticisms you have. The only difference in this case is she did it on Facebook and did it on her own time and her own computer," he said. The NLRB's move to defend employees' right to criticize employers in social media is widely expected to set a legal precedent — so much so that international law firm Morgan, Lewis & Bockius has already issued a "LawFlash" advisory to its hundreds of clients worldwide. "All private sector employers should take note of this issue, regardless of whether their workforce is represented by a union. Employers should review their Internet and social media policies to determine whether they are susceptible to an allegation that the policy would 'reasonably tend to chill employees in the exercise of their rights,'" the law firm cautioned. The NLRB's move came just as the European Union announced its push to legalize peoples' individual right to delete all information about themselves online. - JV, GMANews.TV